JOGENDRA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Amar Singh, wrote a complaint to Station Officer, Police Station, Kotwali, Roorkee, on 07.08.1996, against the accused -appellant, which was registered as case crime no. 223 of 1996, under Sections 307, 504 of IPC. The incident took place on 07.08.1996, at 09:30 P.M. The distance between the place of incident and the police station concerned was 5 Kms. and hence there appeared to be no delay in lodging the FIR.

(2.) AFTER the investigation, a charge -sheet was submitted against accused for the offences punishable under Section 307, 504 of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the selfsame offences was framed against the accused, who pleaded not guilty and claimed trial.

(3.) PW 1 Amar Singh, PW2 Manjeet, PW3 Dr. Mange Ram and PW4 S.I. Manju Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence in defence was adduced. After considering the evidence on record, learned Addl. Sessions Judge / III F.T.C., Haridwar, vide judgment and order dated 03.02.2005, convicted accused Jogendra Singh under Section 324 of IPC. The convict was sentenced for the period, which was already been undergone by him alongwith a fine of Rs.500/ -, in default of payment of which, the convict was further directed to undergo simple imprisonment for 15 days. The accused was not found guilty for the offences punishable under Sections 307, 504 of IPC. Feeling aggrieved against the impugned judgment and order, present criminal appeal was preferred by the accused -appellant.